Notorious RBG
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“They felt that Roe was so precarious” Interview by Shana Knizhnik with Burt Neuborne.
“The women are against her” Daniel Patrick Moynihan and Steven R. Weisman, Daniel Patrick Moynihan: A Portrait in Letters of an American Visionary 605–6 (2012).
Erwin Griswold’s speech Stephen Labaton, Senators See Easy Approval for Nominee, NEW YORK TIMES, June 16, 1993.
86A Legal Times study in 1988 Clarence Page, President Clinton’s “Stealth” Justice, CHICAGO TRIBUNE, June 20, 1993 [hereinafter Page, President Clinton’s “Stealth” Justice].
“Robert Bork’s America” 133 CONG. REC. S9188 (daily ed. Jul. 1, 1987) (statement of Sen. Edward Kennedy).
“harbors no animosity” Ruth Bader Ginsburg: “So Principled, She’s Unpredictable,” BUSINESSWEEK, June 27, 1993.
“Is Ruth Bader Ginsburg another Thurgood Marshall Page, President Clinton’s “Stealth” Justice.
a “sweet lady” Id.
lawyers found her a “picky” Alan Dershowitz, And the Winner Is . . . , WASHINGTON TIMES, June 16, 1993, at G1.
“a ‘difficult person’” Id.
“denigrating the memory of a hero” Id.
“The president could not have made” Stephen Wermiel, Justice Brennan: Liberal Champion (2010).
87“Committee Republicans are looking” Robert Barnes, Clinton Library Release of Papers on Ginsburg, Breyer Nominations Offer Insight, Some Fun, WASHINGTON POST, June 8, 2014.
87“I will not do anything to disparage” UC Hastings Conversation.
My Grandma Is Very Special Senate Judiciary Hearings, at 46.
88Strom Thurmond did press RBG Id. at 146.
“a judge must do” Id.
“You are good, judge” Id.
“Anyone who knew her knows” Interview by Irin Carmon with Alisa B. Klein.
“avowed devotion to privilege for females” Senate Judiciary Hearings, at 506 (statement of Nellie J. Gray, President of March for Life Education and Defense Fund).
“When government controls that decision” Id. at 207.
89“no secretary, no law clerk” C-SPAN, Supreme Court Justices.
“One justice or another will say” Id.
90Virginia Military Institute’s United States v. Virginia, 518 U.S. 515 (1996).
“designed as a place to teach” Oral Argument at 8:15, United States v. Virginia, 518 U.S. 515 (1996).
“men have got to become accustomed” Id. at 23:56.
91From RBG’s Opinion in United States v. Virginia, 518 U.S. 515, 532–57 (1996).
93the court had snuck in United States v. Virginia, 518 U.S. 515, 567–68 (1996) (Scalia, J., dissenting).
“VMI case as the culmination of the 1970s” Ruth Bader Ginsburg, Advocating the Elimination of Gender-Based Discrimination: The 1970s New Look at the Equality Principle at University of Cape Town, South Africa (Feb. 10, 2006).
“Dear Bill, See how the light you shed” Stephen Wermiel, Justice Brennan: Liberal Champion, at 408.
“It was a good day” Interview by Irin Carmon with David Toscano.
RBG got a letter Ruth Bader Ginsburg, A Conversation with Associate Justice Ruth Bader Ginsburg, 84 UNIVERSITY COLUMBIA LAW REVIEW 909, 929 (2013).
Chapter 6: Real Love
95“It’s not sacrifice; it’s family.” Stephen Labaton, The Man Behind the High Court Nominee, NEW YORK TIMES, June 17, 1993.
Proof on Broadway Women’s Law and Public Policy Fellowship Annual Conference on Women and the Law, C-SPAN (Sept. 25, 2003) [hereinafter Women’s Law and Public Policy Remarks].
jokingly chasing Marty around her desk Interview by Irin Carmon with David Toscano.
96“stood very low in his class” Joan Biskupic, Martin Ginsburg, Justice’s Husband, Dies, USA TODAY, June 28, 2010.
“The model was of equality” Interview by Irin Carmon with Margo Schlanger.
97“He thought that I must be pretty good” Jessica Weisberg, Supreme Court Justice Ruth Bader Ginsburg: I’m Not Going Anywhere, ELLE, Sept. 23, 2014.
“I think that the most important thing” Nina Totenberg, Notes on a Life, in THE LEGACY OF RUTH BADER GINSBURG 6 (Scott Dodson, ed. 2015).
“life’s partner” Senate Judiciary Hearings, at 46.
“among the pioneers” Id. at 561 (statement of Stephen Wiesenfeld).
“devoted to protecting the deservedly rich” Jeffrey Toobin, Heavyweight, NEW YORKER, Mar. 11, 2013 [hereinafter Toobin, Heavyweight].
98“Fortunately, in my marriage” Elizabeth Vrato, The Counselors: Conversations with 18 Courageous Women Who Have Changed the World 176 (2002).
“It was impossible to praise him” Interview by Shana Knizhnik with Burt Neuborne.
“I have been supportive” Labaton, The Man Behind the High Court Nominee.
“In the course of a marriage” Irin Carmon, Ruth Bader Ginsburg on Marriage, Sexism, and Pushups, MSNBC (Feb. 17, 2015).
99RBG crashed her car into a gate Bill Hewitt, Feeling Supreme, PEOPLE, June 27, 1993.
“Yes, but you don’t go!” Maria Simon, Reflections, 20 UNIVERSITY OF HAWAI’I LAW REVIEW 599, 600 (1998).
99his advice was for her to go to sleep Balancing Public and Private Life, C-SPAN (May 17, 1997).
“he always made me feel” Id.
“to learn about each other” Totenberg, Notes on a Life.
“I had a job that, quite literally, required” Women’s Law and Public Policy Remarks.
100tuna casserole Jay Mathews, The Spouse of Ruth: Marty Ginsburg, the Pre-Feminism Feminist, WASHINGTON POST, June 19, 1993.
Escoffier cookbook Id.; fact-checking by Irin Carmon with Ruth Bader Ginsburg, in Boston, MA (May 29, 2015).
“I had seven things I could make” UC Hastings Conversation.
“Mommy should be phased out” Carmon, Ruth Bader Ginsburg on Marriage.
“Mommy does the thinking” James Ginsburg, Thoughts on Marty, in CHEF SUPREME: MARTIN GINSBURG 91 (Clare Cushman, ed. 2011).
he got used to people Interview by Irin Carmon with James Ginsburg.
101Ginsburgs’ shelves held Jessica Gresko, New Cookbook: Eating Like a Supreme Court Justice, BOSTON.COM (Dec. 20, 2011).
“I hate Marty Ginsburg” Rosen, The New Look of Liberalism.
good thing Bill Clinton hadn’t asked Barnes, The Question Facing Ruth Bader Ginsburg.
“What is very hard for most women” ACAD. OF ACHIEVEMENT.
Marty threw himself into caring Von Drehle, Conventional Roles.
“Jane’s mommy works” Interview by Irin Carmon with Jane Ginsburg.
102“one of the biggest sweatshops” Symposium Honoring the 40th Anniversary of Justice Ruth Bader Ginsburg Joining the Columbia Law Faculty: A Conversation with Justice Ginsburg, COLUMBIA LAW SCHOOL (Feb. 10, 2012).
“Your son is now four years old” Von Drehle, Conventional Roles.
“But it was also the way things were” Balancing Public and Private Life.
102“This child has two parents” Ruth Bader Ginsburg, Remarks for George Mason University School of Law Graduation May 22, 1993, 2 GEORGE MASON INDEPENDENT LAW REVIEW 1, 2–5 (1993).
“How far could he go?” Interview by Irin Carmon with James Ginsburg.
Women Lawyers at Work Elinor Porter Swiger, Women Lawyers at Work 59–61 (1978).
103“I’d know she was very disappointed” Rosen, The New Look of Liberalism.
writing an essay every day Interview by Irin Carmon with James Ginsburg.
Jane would write down each time Interview by Irin Carmon with Jane Ginsburg.
104It never occurred to them UC Hastings Conversation.
Ladies Dining Room Ruth Bader Ginsburg, Foreword, in MALVINA SHANKLIN HARLAN, SOME MEMORIES OF A LONG LIFE, 1854–1911, at xvi (2003).
Dennis Thatcher Society Balancing Public and Private Life.
105“Marty liked being a spouse” Cathleen Douglas Stone, Lunch with Marty, in CHEF SUPREME, at 75.
“It’s your birthday” Interview by Shana Knizhnik wi
th Trevor Morrison.
“there was something disarming” Interview by Irin Carmon with Kate Andrias.
“Marty got up and walked” Todd C. Peppers and Artemus Ward, In Chambers: Stories of Supreme Court Law Clerks and Their Justices (2012).
“Marty was always my best friend” Full Interview with Supreme Court Justice Ruth Bader Ginsburg, MSNBC (Feb. 17, 2015) [hereinafter MSNBC Interview].
“If my first memories are of Daddy cooking” Ginsburg, Thoughts on Marty, at 125.
107Christian group at a public university Christian Legal Society v. Martinez, 561 U.S. 661 (2010).
“My father would certainly not have wanted” Interview by Irin Carmon with Jane Ginsburg.
As Chief Justice Roberts read Jeffrey Toobin, Without a Paddle: Can Stephen Breyer Save the Obama Agenda in the Supreme Court, NEW YORKER, Sept. 27, 2010.
107the folded American flag Mark Sherman, Ginsburg Anticipates Being 1 of 3 Female Justices, SEATTLE TIMES, Aug. 4, 2010.
Chapter 7: My Team Supreme
109“She’s Justice Ginsburg. I’m Justice O’Connor” Rosen, The New Look of Liberalism.
“a way of saying we are all in this together” C-SPAN, Supreme Court Justices.
110“She’ll hold her own” Bazelon, The Place of Women on the Court.
“a fabulous judge” Adam Liptak, From Justice Thomas, a Little Talk About Race, Faith, and the Court, NEW YORK TIMES, Sept. 17, 2012.
Race, Gender, and Power in America Rosen, The New Look of Liberalism.
“I have always enjoyed Nino” Joan Biskupic, Ginsburg, Scalia Strike a Balance, USA TODAY, Dec. 25, 2007.
“If you can’t disagree ardently” Barnes, The Question Facing Ruth Bader Ginsburg.
“I think the current Chief is very good” Toobin, Heavyweight.
“gave me a little jab” MSNBC Interview.
111“It was his natural reaction” Adam Liptak, Court Is “One of the Most Activist,” Ginsburg Says, Vowing to Stay, NEW YORK TIMES, Aug. 24, 2013.
“Every 5–4 decision” Toobin, Heavyweight.
Kennedy has appeared onstage Roxanne Roberts, Opera’s Supreme Moment, WASHINGTON POST, Sept. 8, 2003.
he infuriated RBG with his patronizing Linda Greenhouse, Justices Back Ban on Abortion Method, NEW YORK TIMES, Apr. 19, 2007.
“She didn’t even interview me” Adam Liptak, Kagan Says Path to Supreme Court Was Made Smoother Because of Ginsburg’s, NEW YORK TIMES, Feb. 10, 2014.
112“a sign women were there to stay” Conversation with Justice Ruth Bader Ginsburg and Theodore “Ted” B. Olson, C-SPAN (Dec. 17, 2013) [hereinafter Conversation with Ted Olson].
112“I’m Sandra” and “I’m Ruth” T-shirts Ruth Bader Ginsburg, A Woman’s Voice May Do Some Good, POLITICO (Sept. 25, 2013).
“She’s Justice Ginsburg. I’m Justice O’Connor” Rosen, The New Look of Liberalism.
113“‘It’s OK, Ruth’” Bazelon, The Place of Women on the Court.
“big sister” Dennis Abrams, Sandra Day O’Connor: U.S. Supreme Court Justice 100 (2009).
“This is your first opinion for the Court” Ginsburg, A Woman’s Voice.
“wearing my bra and my wedding ring” Joan Biskupic, Sandra Day O’Connor (2009).
O’Connor’s votes diverged more from RBG’s Jeffrey Rosen, The Woman’s Seat, NEW YORK TIMES MAGAZINE, Oct. 16, 2005.
They proved women had diverse views Feels Isolated on Court, WASHINGTON POST, Jan. 28, 2007.
Planned Parenthood v. Casey 505 U.S. 833 (1992).
RBG and O’Connor hosted dinners Ginsburg on Same-Sex Marriage, Women’s Rights, Health, BLOOMBERG (Feb. 12, 2015).
gave her advice Biskupic, Sandra Day O’Connor.
114“Everyone rallied around me” UC Hastings Conversation.
Nevada Department of Human Resources v. Hibbs 538 U.S. 721, 736 (2003).
“Most people had no idea” Bazelon, The Place of Women on the Court.
115“I was fascinated by him” Joan Biskupic, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia 89 (2010).
“Scalia came in and liberals edged” Margaret Carlson, The Law According to Ruth, TIME, June 24, 2001.
the two share a love of opera C-SPAN, Supreme Court Justices; Biskupic, Ginsburg, Scalia Strike a Balance.
“Scalia kills it and Marty cooks it” Biskupic, Ginsburg, Scalia Strike a Balance.
115“I never heard them talk” Phone interview by Shana Knizhnik with Paul Spera.
“It was quite a magnificent” UC Hastings Conversation.
116“I love him” Biskupic, American Original, at 277.
Alito has sometimes joined Charlie Campbell, Shakespeare in Court: Justices Hold Mock Trial Based on Bard’s Tragedy, TIME (May 15, 2013).
There was no proof Alito Dale Russakoff, Alito Disavows Controversial Group, WASHINGTON POST, Jan. 12, 2006.
117“Yes. Less than I once did” MSNBC Interview.
“try to teach through my opinions” Id.
“I would hope that a wise Latina woman” Charlie Savage, A Judge’s View of Judging Is on the Record, NEW YORK TIMES, May 14, 2009.
“I thought it was ridiculous” Bazelon, The Place of Women on the Court.
118“Ginsburg relented and followed” Joan Biskupic, Breaking In: The Rise of Sonia Sotomayor and the Politics of Justice (2014).
young Kagan had demanded her rabbi The Justice Ruth Bader Ginsburg Distinguished Lecture on Women and the Law, C-SPAN (Feb. 3, 2014) (introductory remarks by Justice Ginsburg).
119“More than any other person” Id. (Kagan’s speech about RBG).
no “shrinking violets” Conversation with Ted Olson.
“When there are nine” Georgetown Remarks.
“underestimating the justice” Tom Goldstein, Oral Argument as a Bridge Between the Briefs and the Court’s Opinion, in THE LEGACY OF RUTH BADER GINSBURG 221 (Scott Dodson, ed. 2015).
“not often, but sometimes, a justice” C-SPAN, Supreme Court Justices.
120“Dear Ruth, I might join your opinion” Id.
“I try to be fair” Jeffrey Rosen, Ruth Bader Ginsburg Is an American Hero, NEW REPUBLIC, Sept. 28, 2014.
“heady experience” Ruth Bader Ginsburg, Lecture: The Role of Dissenting Opinions, 95 MINNESOTA LAW REVIEW 1 (2010).
RBG joked that he ruined her weekend Barnes, The Question Facing Ruth Bader Ginsburg.
120“I thought to myself, ‘Don’t stay up all night’” MSNBC Interview.
“Richard, what are you doing there?” Phone interview by Shana Knizhnik with Richard Primus.
121“After that, the Supreme Court police” Phone interview by Irin Carmon with Samuel Bagenstos.
“Kennedy is a morning person” Phone interview by Shana Knizhnik with Daniel Rubens.
“If my opinion runs more than twenty pages” Interview with Bryan Garner, LAWPROSE (2006).
“Get it right and keep it tight” Maria Simon, Reflections, 20 UNIVERSITY OF HAWAI’I LAW REVIEW 599, 599 (1998).
“If you can say it in plain English” Interview with Bryan Garner.
“I think that law” Id.
She had crossed out and rewritten Phone interview by Irin Carmon with David Shizer.
122“Marty wanted me to go to a movie” Interview by Irin Carmon with David Schizer.
“My writing style tends to be” Symposium Honoring the 40th Anniversary of Justice Ruth Bader Ginsburg Joining the Columbia Law Faculty: A Conversation with Justice Ginsburg, COLUMBIA LAW SCHOOL (Feb. 10, 2012).
“She had an acute sense” Interview by Irin Carmon with Alisa Klein.
“We all laugh about how fast she is” Barnes, The Question Facing Ruth Bader Ginsburg.
“her tolerance for conversation silence” Phone interview by Shana Knizhnik with Richard Primus.
123“Five Mississippi Rule” Id.
“You would slowly start backing up” Phone interview by Shana Knizhnik with Paul Berman.
“I wasn’t the first guy in the w
orld” Phone interview by Irin Carmon with David Post.
“When fathers take equal responsibility” Rosen, The New Look of Liberalism.
124“I was so pleased to see” Linda Greenhouse, Word for Word: A Talk with Ginsburg on Life and the Court, NEW YORK TIMES, Jan. 7, 1994.
“Of course, a lot of women have to do it” Phone interview by Irin Carmon with David Post.
124“Justice Ginsburg was so delighted” Susan H. Williams and David C. Williams, Sense and Sensibility: Justice Ruth Bader Ginsburg’s Mentoring Style as a Blend of Rigor and Compassion, 20 UNIVERSITY OF HAWAI’I LAW REVIEW 589 (1998).
“So that is one very important thing” Todd C. Peppers, In Chambers: Stories of Law Clerks and Their Justices (2012).
125“I didn’t know you had a special friend” Phone interview by Shana Knizhnik with Paul Berman.
“she said, ‘by the power vested in me’” Id.
“The week that the Ginsburg clerk teams” Phone interview by Irin Carmon with Scott Hershovitz.
“We expect more, even from the junior justice” Id.
Chapter 8: Your Words Just Hypnotize Me
127“Anyway, hope springs eternal” Columbia Symposium.
“I think when it’s wrong” Nina Totenberg, Justice Scalia, the Great Dissenter, Opens Up, NPR (Apr. 28, 2008).
Dred Scott Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857).
Plessy v. Ferguson 163 U.S. 537 (1896).
128Bush v. Gore 531 U.S. 98 (2000).
“It was described as a circus” Op-Ed, My Florida Recount Memory, NEW YORK TIMES, Nov. 20, 2010.
“value one person’s vote” Bush v. Gore, 531 U.S. at 104–5.
“Federal courts defer to state high courts’” Bush v. Gore, 531 U.S. at 143 (Ginsburg, J., dissenting).
“The footnote sent Scalia into a rage” Jeffrey Toobin, Too Close to Call: The Thirty-Six-Day Battle to Decide the 2000 Election 266–67 (2002).
“December storm over the U.S. Supreme Court” Ginsburg Recalls Florida Recount Case, NEW YORK TIMES, Feb. 4, 2001.
129“all of us really do prize” Transcript of NOW with Bill Moyers (PBS television broadcast May 3, 2002).
“my chief” Ruth Bader Ginsburg, Constitutional Adjudication in the United States as a Means of Advancing the Equal Stature of Men and Women Under the Law, 26 HOFSTRA LAW REVIEW 263, 267–70 (1997) (“my now Chief”); A Conversation Between Justice Ruth Bader Ginsburg and Professor Robert A. Stein, 99 MINNESOTA LAW REVIEW 1, 11 (2014) (“later became my chief”).